Legal Opinion

New Jersey Division of Youth & Family Services v. B.M. & T.B.

New Jersey Superior Court Appellate Division

Decided April 29, 2010PublishedCited by 13 opinions

1Opinion of the Court

The opinion of the court was delivered by

SKILLMAN, P.J.A.D.

The most significant issue presented by this consolidated appeal from a judgment terminating parental rights is whether the part of a medical report containing a doctor’s expert opinion was properly admitted into evidence under Rule 5:12-4(d). We conclude for the reasons set forth in section III of this opinion that such a report constitutes inadmissible hearsay unless the Division of Youth and Family Services (DYFS) establishes all the prerequisites of N.J.R.E. 803(c)(6) for its admission as a business record and that DYFS failed to…

2Cases cited21 opinions

  1. Santosky v. KramerSupreme Court of the United States · 1982
  2. In Re the Guardianship of K.H.O.Supreme Court of New Jersey · 1999
  3. Busik v. LevineSupreme Court of New Jersey · 1973
  4. New Jersey Division of Youth & Family Services v. M.C.Supreme Court of New Jersey · 2010
  5. McKeown-Brand v. Trump Castle Hotel & CasinoSupreme Court of New Jersey · 1993

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3Cited by13 opinions

  1. New Jersey Division of Youth & Family Services v. M.G.New Jersey Superior Court Appellate Division · 2012
  2. New Jersey Division of Youth & Family Services v. T.S.New Jersey Superior Court Appellate Division · 2013
  3. New Jersey Division of Youth & Family Services v. P.C.New Jersey Superior Court Appellate Division · 2015
  4. DCPP VS. A.W., IN THE MATTER OF E.H. (FN-21-0153-18, WARREN COUNTY AND STATEWIDE) (RECORD IMPOUNDED)New Jersey Superior Court Appellate Division · 2020
  5. DCPP VS. C.C. AND A.B.IN THE MATTER OF J.C., TI.B., AND TY.B. (FN-09-265-14 AND FG-09-256-15, HUDSON COUNTY AND STATEWIDE)(RECORD IMPOUNDED)(CONSOLIDATED)New Jersey Superior Court Appellate Division · 2017

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